Socio-Economic Rights and Accountability Project (SERAP), a rights group based in Lagos, Nigeria, has petitioned Ms. Gabriela Knaul, UN’s Special Rapporteur on the independence of judges and lawyers over the killings of lawyers in Borno State.
The organisation urged Ms. Knaul to use the privileges of her office and position to urgently investigate recent reports of killings and attacks against lawyers in the state by the Islamic extremist group, Boko Haram, and the failure of the Nigerian government and Nigerian Bar Association (NBA) to protect and defend lawyers who pay their practising fees to the association.
The petition was dated 23rd May 2014. It was signed by solicitor to SERAP, Femi Falana and was made available to journalists on Sunday. According to the petition, SERAP expressed concerns that apart from violating the rights of the lawyers to life, personal security and the freedom to practise their profession, increasing attacks also constitute a threat to the independence and operation of the legal profession and justice system.
“SERAP believes that lawyers should be able to carry out their functions without risking their lives. They should receive adequate protection when their safety is threatened because of their job. Yet, neither the government nor NBA has acted to address the crimes against lawyers,” the group said.
The organisation also said that, Borno State has become one of the most dangerous places for lawyers in the world especially given the continuing attacks perpetrated against lawyers with almost absolute impunity for many years.
The organisation noted that perpetrators of the crimes against lawyers and other innocent citizens have not been held to account for their crimes in the state, noting that effective protection and prevention of attacks against lawyers is a key component of fostering the rule of law.
“SERAP believes that an attack against lawyers is an attack against the legal profession itself and the independence of the judiciary, and the constitutional and internationally recognised right of access to justice, because it aims to discourage lawyers from providing the people their legal services with utmost integrity, independence and sense of security,” SERAP said.
“Zanna Mallam Gana, Attorney-General and Commissioner for Justice of Borno State, was killed in his home in Bama on 17th September 2012. The killing of Gana has culminated in persistent attacks against lawyers and resulted in the killings of many other lawyers.
“Among the lawyers that have been killed by the Boko Haram are: Babagana Alkali, Modu Denjami, Ahmed Wali, Adamu Dugje, and Abubakar Sadiq. Many other lawyers like Peter Adebayo Bello and Musa Mohammed have been seriously injured.”
The organisation lamented that anyone assumed to be lawyer is routinely targeted by Boko Haram in Borno, Yobe and Adamawa states.
“Killings and attacks against lawyers in these states and in particular Borno State are compounded by the absence of support and protection mechanisms by the leadership of the NBA. The NBA has failed to even condemn or request investigation of the killings and attacks against lawyers and the entire institutions of justice and the rule of law in Borno State,” the organisation added.
“The Nigerian government has an obligation to provide a conducive environment and to guarantee that lawyers can carry out all their professional duties without intimidation and without risking their safety and that of their relatives.”
